Patna High Court
Dinanath ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the petitioners to withdraw the case and granted them liberty to file a fresh application.
Summary
The petitioners, a family of Dinanath Thakur, filed a criminal miscellaneous case against the State of Bihar and another respondent. They later sought the court's permission to withdraw the case and to be allowed to file a fresh application. The court examined the request and, without expressing any view on the merits of the underlying dispute, granted the petitioners liberty to withdraw the pending proceedings. It also permitted them to file a fresh application if they so choose. Consequently, the present application was disposed of.
Issues considered
- Whether the petitioners may be permitted to withdraw the criminal miscellaneous case and file a fresh application?
Subjects
- withdrawal of criminal case
- fresh application
- procedural liberty
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9486 of 2026
Arising Out of PS. Case No.-2018 Year-2025 Thana- GOPALGANJ COMPLAINT CASE
District- Gopalganj
======================================================
1. Dinanath Thakur S/O Late Ganga Thakur R/O Village- Basudeva Purab
Tola, P.O and P.S- Bhore, Distt.- Gopalganj.
2. Singaro Devi W/O Dinanath Thakur R/O Village- Basudeva Purab Tola, P.O
and P.S- Bhore, Distt.- Gopalganj.
3. Rinku Kumar Thakur @ Rinku Thakur S/O Dinanath Thakur R/O Village-
Basudeva Purab Tola, P.O and P.S- Bhore, Distt.- Gopalganj.
4. Manti Devi @ Monti Devi W/O Rinku Thakur R/O Village- Basudeva Purab
Tola, P.O and P.S- Bhore, Distt.- Gopalganj.
5. Aditya Thakur @ Aditya Kumar S/O Dinanath Thakur R/O Village-
Basudeva Purab Tola, P.O and P.S- Bhore, Distt.- Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Neha Kumari D/O Laxmi Kant Thakur R/O Village- Tola Piprahi, P.O-
Parsauni Khas, P.S- Manbodh Parsauni, Distt.- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Parth Gaurav, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
For the Informant/s : Mr. Pankaj Kumar, Advocate
Mr. Niranjan Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 26-03-2026 Heard the parties.
2. Learned counsel for the petitioners seeks
permission to withdraw this case with a liberty to file fresh
application.
3. If the cognizance is taken then the petitioners
would be having liberty to file fresh application.
4. With the aforesaid liberty this application is
Patna High Court CR. MISC. No.9486 of 2026(2) dt.26-03-2026
2/2
disposed off.
4. It is made clear that this Court has not expressed
any opinion on the merits of this case.
(Praveen Kumar, J)
shivam/-
U T
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